Agreed Divorces/Uncontested Divorces are divorces of agreement. Here, the lawyer's role is limited to preparation of pleadings, the divorce decree, and closing documents. Because of this, legal fees are substantially reduced. The basis for the divorce is "discord and conflict of personalities which destroy the legitimate ends of the marital relationship" - a no fault divorce.

When you consider an uncontested divorce, consider:

• Absent extenuating circumstances, the court will divide the community estate 1/2 to each party.

• Absent extenuating circumstances, the court will order a Joint Managing Conservator relationship as to custody. Both parents will receive almost fifty percent of available time with the children - or so says the Texas Standard Visitation Order. Actually, it's about 45/55 percent of the time.

• An agreed divorce will save the community estate (your savings, your salary) significant sums. Agreed divorces do not require the time element and costs that contested cases do, therefore, they lower your expense significantly.

• An agreed divorce minimizes family disruption and the emotional turmoil that goes with it. Generally those that battle over the children usually end up doing the most damage to those children. Note that almost all children will at some point blame themselves for their parents divorce. It is your job as a parent to make sure that this does not happen.

• Once all the documents are in order, one of the parties will sign off on the divorce decree and the other party will go before the judge to “prove up” the divorce. The lawyer will ask you a number of questions which mostly require only a yes or no answer. The actual hearing takes only about 4 minutes.

How to reach agreement and avoid the fight?

• First, both spouses have to want to agree. Sit down with your spouse and list out your total assets and liabilities. Try to divide the assets evenly. As to debts, decide what can be paid off now and how you will pay off the rest pursuant to a divorce decree.

• If you have children, decide where the primary residence will be. The children have to have a place they can call home and where they can reside during the school week. Honestly decide who is better able to work with the children's school and extracurricular activities, who prepares most of the children's meals, gets them bathed, and into bed? Which place would provide the least disturbance to the child’s life? This parent should probably be the primary residence.

• If you cannot reach agreement by yourself, consider mediation. Virtually all courts will order mediation in any case anyway. Mediation is a form of alternative dispute resolution where the parties are provided an opportunity to present their issues to a neutral mediator. The mediator is usually a lawyer who is experienced and familiar with family law. At the beginning of mediation, the parties state their arguments and issues to each other and the mediator. The parties will then be separated into rooms and the mediator will go back and forth between the rooms to discuss the issues of the case with each side. Hopefully, at the end of the day the parties will have reached a mediated settlement agreement. A divorce decree will then be drafted in accordance with the agreement and "proved" before the court.

• At the very minimum, the following documents are required in a no property/no children agreed divorce: 

  • Original Petition for Divorce

  • Alternative Dispute Statements

  • Waiver of Service of Process

  • Final Decree of Divorce

  • State Information Form

If children, real property, investment funds and/or retirement accounts are involved then additional closing documents will be needed such as special warranty deeds, child support withholding order or a qualified domestic relations order. 

Kris Balekian, P.C. knows how to get your uncontested divorce through the system in Dallas TX fast and effectively. Call today for a no obligation consultation.